Montana Castle Doctrine Law

by Michelle
(Ohio)

The new Montana castle doctrine law is being tested now. There is a case where two Wal-Mart dock workers got into an argument over one of the men taking extra long work breaks. The argument escalated into a physical fight.

During the fight, the smaller man (150 lbs.) pulled out a .25 caliber semi-automatic handgun and shot the other worker (260 lbs.) in the forehead. Fortunately, the gunshot was not fatal and the victim was treated for his wound.

However, the man who shot him is still walking free because of the new Montana castle doctrine law. The law basically states that a person doesn't have to run away before using a gun to defend themselves. This makes it difficult for prosecutors and law enforcement to arrest someone for using excessive force.

The police cannot presume a person is guilty under the new law, so they can't arrest someone on the spot. The prosecutor also has to prove beyond a reasonable doubt that the person's actions were not justified. The burden of proof is pretty much shifted to the prosecutor.

I'm assuming the man who shot his co-worker is claiming self defense because the other man was bigger than him and he feared for his life. So he pulled out his gun and shot him. He'll claim it was the only way to stop the altercation.

The castle doctrine bill that passed earlier this year received widespread bipartisan support. Prosecutors and law enforcement were reluctant to support such a bill because they were afraid of situations, like this case, would happen.

The bill originally allowed people to carry a weapon in any city without a concealed weapon permit. But law enforcement was against this and it was taken out of the final bill.

I have no idea if this man will be charged for shooting his co-worker or not. But this case definitely raises a lot of questions about the new law.